Legislature(2021 - 2022)BUTROVICH 205
02/05/2021 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| Disaster Declaration Extensions Relating to Covid | |
| Confirmation Hearings | |
| Disaster Declaration Extensions Relating to Covid | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| += | SB 14 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
February 5, 2021
1:33 p.m.
MEMBERS PRESENT
Senator Lora Reinbold, Chair
Senator Mike Shower, Vice Chair
Senator Shelley Hughes
Senator Robert Myers
Senator Jesse Kiehl
MEMBERS ABSENT
All members present.
COMMITTEE CALENDAR
DISASTER DECLARATION EXTENSIONS RELATING TO COVID - Invited
Testimony
- HEARD
CONFIRMATION HEARING(S):
State Commission for Human Rights
Cynthia Marlene Erickson - Tanana
Betsy Engle - Fairbanks
- HEARD AND HELD
Alaska Judicial Council
Kristie Babcock - Soldotna
- HEARD AND HELD
SENATE BILL NO. 14
"An Act relating to the selection and retention of judicial
officers for the court of appeals and the district court and of
magistrates; relating to the duties of the judicial council;
relating to the duties of the Commission on Judicial Conduct;
and relating to retention or rejection of a judicial officer."
- SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
MEGHAN WALLACE, Director
Legislative Legal Services
Legislative Affairs Agency
Juneau, Alaska
POSITION STATEMENT: Advised the committee on the legal issues
related to the disaster declaration emergency extensions for
COVID-19.
DANIEL DEW, Legal Policy Director
Pacific Legal Foundation (PLF)
Washington, D.C.
POSITION STATEMENT: Testified on the disaster declaration
extensions relating to COVID-19.
CYNTHIA ERICKSON, Appointee
State Commission for Human Rights
Office of the Governor
Tanana, Alaska
POSITION STATEMENT: Testified as appointee to the State
Commission on Human Rights.
KRISTIE BABCOCK, Appointee
Alaska Judicial Council
Alaska Court System
Soldotna, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska
Judicial Council.
ELIZABETH (BETSY) ENGLE, Appointee
State Commission on Human Rights
Office of the Governor
Fairbanks, Alaska
POSITION STATEMENT: Testified as appointee to the State
Commission on Human Rights.
STEWART THOMPSON, representing self
Wasilla, Alaska
POSITION STATEMENT: Testified on the disaster declaration
extensions relating to COVID-19.
THOMAS HENNESSY, Physician
Infectious Disease Epidemiologist
University of Anchorage
Anchorage, Alaska
POSITION STATEMENT: Testified in support of the emergency
disaster declaration extension.
[LINDA SMITH], representing self
Sitka, Alaska
POSITION STATEMENT: Testified with concern about restrictions on
small businesses.
ACTION NARRATIVE
1:33:13 PM
CHAIR LORA REINBOLD called the Senate Judiciary Standing
Committee meeting to order at 1:33 p.m. Present at the call to
order were Senators Myers, Kiehl, Shower, and Chair Reinbold.
Senator Hughes joined shortly thereafter.
^DISASTER DECLARATION EXTENSIONS RELATING TO COVID
DISASTER DECLARATION EXTENSIONS RELATING TO COVID
1:34:48 PM
CHAIR REINBOLD announced the first order of business would be
DISASTER DECLARATION EXTENSIONS RELATING TO COVID. She indicated
the committee would hear from invited testimony.
1:36:44 PM
MEGHAN WALLACE, Director, Legislative Legal Services,
Legislative Affairs Agency, Juneau, Alaska, said she was invited
to discuss Governor Dunleavy's disaster declarations. She asked
the record to reflect that her office provides nonpartisan legal
advice to the legislature. She is appearing here today by
request, but my opinion on the issues remain policy neutral
based on Legislative Legal Service's (Legislative Legal) best
interpretation of current law. Given the novelty of the
pandemic, legal jurisprudence on these issues continues to
evolve, she said.
MS. WALLACE reviewed the disaster declarations: On March 11,
2020, the governor issued the first public health disaster
emergency declaration. She said Legislative Legal Services has
routinely been asked about the legality of the governor's action
in issuing multiple declarations for the same disaster
emergency. Before going into an extended recess, the 31st Alaska
Legislature extended the March 11, 2020, disaster declaration to
November 15, 2020. Through passage and enactment into law of
Senate Bill 241, also known as Chapter 10, SLA 2020, the Alaska
legislature did not meet again and did not further extend the
March 11, 2020, declaration. Instead, upon expiration of the
March 11, 2020, declaration, the governor issued three
subsequent declarations of a disaster emergency, on November 16,
2020, December 16, 2020, and January 15, 2021, each remaining in
effect for 30 days. The January 15, 2021, declaration is
currently the subject of SB 56, a governor's bill seeking to
further extend the last declaration until September 30, 2021.
1:38:46 PM
MS. WALLACE informed members that the Alaska Disaster Act
governs the governor's emergency powers in this instance. Alaska
Statute (AS) 26.23.020(c) provides that a proclamation of
disaster emergency may not remain in effect longer than 30 days
unless extended by the legislature. She opined that AS
26.23.020(c) is clear that the legislature holds the exclusive
power to extend a disaster declaration beyond 30 days.
Therefore, only the legislature has the authority to extend
disaster emergencies beyond the November 15, 2020, date.
Further, the governor likely lacked the statutory authority to
extend beyond that date. However, it is difficult to predict
what a court would determine if the governor's actions were
challenged.
1:39:36 PM
MS. WALLACE said Legislative Legal Services reviewed similar
actions in Lower 48 states with differing results. Wisconsin's
governor issued a second proclamation related to the COVID-19
disaster. In that case, the Wisconsin Superior Court and
Wisconsin Supreme Court refused to grant a preliminary or
temporary injunction on grounds that the legislature had power
to end the emergency and declined to do so. In Michigan, after
an initial disaster declaration expired after 28 days,
Michigan's governor issued a second disaster declaration, which
was challenged in court. The Michigan Supreme Court held that
given that the statute required the governor to terminate the
declaration after 28 days, in the absence of a legislatively
authorized extension, the court was not persuaded that the
legislature intended to allow the governor to redeclare the same
emergency.
She recapped that courts in other states faced with similar
situations have made different rulings. She reiterated that it
would be difficult to predict the outcome if Governor Dunleavy's
actions were challenged in court.
1:41:48 PM
MS. WALLACE explained the court might consider that under AS
26.23.025(c), the legislature may terminate a disaster at any
time. Since the legislature had and has the opportunity to end
an emergency by law, that failure to take action negates the
objection to a subsequent disaster declaration. However, the
Alaska Disaster Act defines a disaster emergency as "the
condition declared by proclamation of the governor. She
reiterated Legislative Legal Service's assessment is that the
condition could be described as an outbreak of COVID-19.
Therefore, since AS 26.23.020(c) provides that the legislature
has the exclusive power to extend the disaster declaration, the
governor did not have the authority to issue another declaration
for that same emergency condition.
1:43:45 PM
CHAIR REINBOLD said she understood the November 15, 2020,
extension was based on hospital beds at or near capacity. She
asked if the legislature and citizens have the right to see the
data used to support the decision.
MS. WALLACE answered that she could not speak to the facts that
were the grounds for the subsequent disaster declaration except
for the language in the declarations. She suggested that the
Office of the Governor or the Department of Health and Social
Services (DHSS) could better address the basis for the disaster
declaration emergency extensions and provide public information.
1:45:46 PM
SENATOR KIEHL expressed concern that the justification for
issuing the subsequent disaster declarations stated, "The
opportunity to distribute the vaccine." While he totally
supports vaccinations, distributing the vaccine does not
represent a disaster, but rather an opportunity to respond to
the condition. He asked what a court might consider would
constitute a disaster condition.
MS. WALLACE answered that it would be difficult to speculate how
a court might rule on that issue. The court might determine that
the governor cannot call the COVID-19 disaster a new emergency
if it is a continuation of a response to an emergency and it is
not a new emergency. The court might also consider the state's
response to the new emergency and question actions such as
travel mandates that do not specifically relate to a vaccine
emergency. The court could make a factual determination and
consider disputes over the grounds for the disaster declaration.
She characterized the potential court case as complicated.
1:49:12 PM
SENATOR SHOWER commented that he did not see the disaster
declaration extensions based on a new disaster, but as a
continuation. He asked about court cases in the Lower 48 that
are moving toward the US Court of Appeals or the US Supreme
Court (SCOTUS) relating to the issues of governor mandates or
legislative power.
MS. WALLACE answered that numerous cases are moving through the
federal courts that have litigated the power of states,
governors, and municipalities issuing mandates. She explained
that those issues are somewhat different from declaring a
disaster. She said she was unaware of cases moving towards
SCOTUS on the governor's power to declare subsequent disasters.
Some cases may be related to mandates but she did not have any
specific information.
1:51:49 PM
SENATOR SHOWER related his understanding that the agency
believes the legislature would prevail from a legal perspective
and the governor is likely to lose.
MS. WALLACE agreed. She opined that AS 26.23.020(c) gives the
legislature the exclusive power to extend the disaster
declaration. The governor's issuance of disaster declaration
extensions for what is arguably the same disaster is legally
vulnerable.
CHAIR REINBOLD said she appreciated the consistency of the legal
memo and her testimony.
1:53:14 PM
SENATOR HUGHES asked if it was not legal for the governor to
issue an emergency disaster declaration extension in the first
place if it is constitutional to extend it a second time. She
asked if the safest way to prevent a court challenge would be to
provide the governor with the necessary tools by amending the
statutes and suspending regulations instead of extending the
declaration. In this way, the governor can mitigate the issues.
MS. WALLACE agreed the legislature could pass a law to suspend
or modify them and incur little risk. The issue that arises
would be the broad powers that come when a disaster has been
declared under the Alaska Disaster Act. Absent a valid
declaration of emergency, Governor Dunleavy would not have the
same powers to respond under the modified statutes as the
governor has under the Alaska Disaster Act. The legislature
potentially has one option to ratify the current disaster
declaration, thereby retroactively approving them. It could
agree that the declaration of emergency could continue.
1:56:32 PM
SENATOR HUGHES asked for clarification that fixing the statutes
would avoid the court challenge if the legislature decided not
to ratify the current disaster declaration.
MS. WALLACE answered that if the legislature were to take action
by law to extend or approve the disaster declaration, the action
is not as vulnerable to legal challenges because the legislature
has taken specific action by law to approve and extend the
disaster declaration. The legislature has many different options
it could exercise. She said she understood that the disaster
declaration might have initially been based on a faulty premise.
Still, once the legislature approves it, it may have some effect
to remedy it. The legislature could also make substantive
changes to the Alaska Disaster Act to clarify that the governor
does not have the authority to issue subsequent disaster
declarations for the same emergency. She argued that if the
legislature had intended to allow the governor to issue another
emergency disaster declaration after 30 days, it would never
have reserved the legislature the power to approve the
extension.
1:58:31 PM
CHAIR REINBOLD remarked that this is an important issue. She
expressed concern that Senate Bill 241 was only referred to the
Senate Rules Committee, so it received little review. She
indicated that Article 7 of the Constitution of the State of
Alaska gives the legislature authority to establish schools and
promote and protect public health. She said the legislative
committees could have met, but the legislature did not get the
opportunity to weigh in.
She expressed concern over the number of regulations that were
suspended. She asked for clarification on when the governor had
the authority to suspend regulations.
MS. WALLACE said the governor's powers to suspend regulatory
provisions are generally found in AS 26.23.020(g), which states
that once a disaster has been declared, the governor may:
(1)suspend the provisions of any regulatory statute
prescribing procedures for the conduct of state
business, or the orders or regulations of any state
agency, if compliance with the provisions of the
statute, order, or regulation would prevent, or
substantially impede or delay, action necessary to
cope with the disaster emergency;
MS. WALLACE suggested that the legislature would need to review
the specific regulation that was suspended and analyze if it was
a regulatory provision.
MS. WALLACE said that Legislative Legal Services had reviewed
the mandates that were issued but has not identified any
specific or obvious constitutional issues.
2:02:52 PM
CHAIR REINBOLD replied that it is debatable. She asked how long
martial law can be in place and what the governor can do.
MS. WALLACE said she was not prepared to advise on the
governor's limits with respect to martial law. She offered to
research and respond later.
2:03:37 PM
SENATOR KIEHL asked whether the disaster declaration falls under
different provisions of the Alaska Constitution than Section 20,
Martial law.
MS. WALLACE answered yes.
SENATOR KIEHL asked about the legislature's options going
forward. In Senate Bill 241, which extended the initial disaster
declaration, the legislature delegated temporarily a number of
powers. He asked if the legislature were to ratify the disaster
declaration, if the legislature could "pull back" some of the
governor's disaster powers. For example, under the Alaska
Disaster Act, the governor has the power to mobilize the
military. He has not done so, nor does anyone envision the
necessity to do so. He asked if it were possible to ratify but
limit the authority to mobilize the military or if that would
raise a separation of powers issue.
MS. WALLACE answered yes; generally, the legislature has that
power. The Alaska Disaster Act provides the general authority
and power for the governor to act under an emergency, but it is
generally permissible, constitutionally, for the legislature to
subsequently pass a law that limits some of that authority since
the legislature would be modifying its own law.
2:06:00 PM
SENATOR SHOWER asked if a new law would need to pass the
legislature to make the change.
SENATOR KIEHL asked about the legislature's options going
forward. In Senate Bill 241, which extended the initial disaster
declaration, the legislature delegated temporarily a number of
powers. He asked if the legislature were to ratify the disaster
declaration, if the legislature could "pull back" some of the
governor's disaster powers. For example, under the Alaska
Disaster Act, the governor has the power to mobilize the
military. He has not done so, nor does anyone envision the
necessity to do so. He asked if it were possible to ratify but
limit the authority to mobilize the military or if that would
raise a separation of powers issue.
2:08:22 PM
SENATOR SHOWER pointed out that it takes significant time for
the legislature to pass a bill whereas the governor can often
take action quickly.
MS. WALLACE answered that the legislature would need to pass a
bill. She referred to AS 26.23.025(b), which read:
Notwithstanding any other provision of this chapter,
if the declaration of a disaster emergency occurs
while the legislature is in session or if a special
session is held, actions taken by the governor under
this chapter after the close of the session that are
not ratified by law adopted during that session are
void.
She said that when a disaster occurs during session, any action
taken by a governor that is not approved by law by the
legislature is rendered void. This becomes an option when the
legislature is back in session as opposed to the prior
declarations issued during the legislative interim.
2:10:42 PM
SENATOR HUGHES asked if this meant that now the legislature is
back in session the governor cannot declare another 30-day
emergency extension without legislative action.
MS. WALLACE answered that the statute is not quite that
specific. She read a portion, "? actions taken by the governor
under this chapter after the close of the session that are not
ratified by law adopted during that session are void."
MS. WALLACE said that if a disaster declaration were to be
declared and it had not yet expired while the legislature was in
session, but then session ended, the governor could not act
pursuant to that emergency. Arguably, because the disaster is
occurring now, while the legislature is in session, if the
legislature does not take any action this session, the governor
could not take further action, she said.
MS. WALLACE said the governor has proposed a bill to extend the
current January 15, 2021, disaster proclamation. She suggested
that by introducing SB 56, the governor may have acquiesced to
the notion that the legislature holds the power to extend beyond
that date. She opined that any further action by the governor to
issue another disaster proclamation, more so now, would be
legally vulnerable to challenge.
2:13:18 PM
CHAIR REINBOLD referred to Article 3, Section 20, Martial law:
The governor may proclaim martial law when the public
safety requires it in case of rebellion or actual or
imminent invasion. Martial law shall not continue for
longer than twenty days without the approval of a
majority of the members of the legislature in joint
session.
CHAIR REINBOLD asked if mandates and health orders are
considered executive orders.
MS. WALLACE answered that disaster proclamations and
accompanying health orders are not considered executive orders.
The disaster proclamations do not fall under executive orders.
Under Article 3, Sections 25-26 of the Constitution of the State
of Alaska, the governor can issue an executive order to make
administrative reorganization to the executive branch
departments.
CHAIR REINBOLD asked for further clarification that the
legislature cannot repeal the mandates.
MS. WALLACE said the remedy for the legislature to end the
disaster or require the governor to repeal the mandates is under
AS 26.23.025(c), which says that the legislature may terminate a
disaster emergency any time by law. This means the legislature
would need to pass a bill that terminates the disaster, she
said.
2:17:48 PM
DANIEL DEW, Legal Policy Director, Pacific Legal Foundation
(PLF), Washington, D.C., described the foundation as a nonprofit
law firm that has operated for 47 years and specializes in
individual liberty, property rights, equal protection, free
speech. The PLF has had numerous wins before the US Supreme
Court (SCOTUS). He anticipated SCOTUS would hear a case this
term.
He said he works with state legislatures to assist them to
reform and put safeguards on governor executive and emergency
powers. He suggested that governors are confusing the terms
serious and emergency. At the beginning of the pandemic, it may
have been justified to act quickly. However, as COVID-19
lingered it became a serious issue and not an emergency. The
legislature's job is to make policy to address serious issues.
The separation of powers protects individual liberty.
2:20:38 PM
MR. DEW said across the country, governors have issued emergency
orders and placed restrictions on individuals. He made
recommendations to address this. First, emergency orders should
be narrowly defined in scope, duration, and applicability. One
state allowed hair salons but closed nail salons although the
same protocols could be put in place. Some states have treated
large box stores differently than church services. Secondly, the
PLF recommends that emergency orders be expedited in the courts.
Some orders have been issued by unelected health officials.
These officials should make recommendations to elected officials
who could be held politically accountable by the public. Third,
the PLF recommends developing incentives to encourage governors
to call legislatures into session. Requiring governors to limit
emergency orders for a short period of time, such as 30 days,
and then allow legislatures to address the issue. Once the
legislature ratifies the order, the order could be extended, he
said.
MR. DEW encouraged legislatures to allow members the ability to
vote remotely, and to establish explicit prohibitions for
governors from reissuing, extending, or creating substantially
similar emergency orders, for expired orders or for ones the
legislature rejected. Currently, emergency orders have been
focused on COVID-19 but these orders can also address opioids,
homelessness, racism, and climate change. He expressed concern
that if legislatures do not place safeguards on emergency powers
the potential for a plethora of orders and abuse of power could
happen. No one should be trusted with all that power, he said.
2:28:17 PM
CHAIR REINBOLD summarized the recommendations for emergency
orders, including that emergency orders should be narrowly
tailored, expedited for judicial review, and issued only by the
governor to avoid infringing on constitutional rights. She said
an emergency order should sunset in 7 days when the legislature
is not in session, and 30 days if the legislature does not
ratify the order. Finally, it should allow remote participation,
prohibit governors from reissuing emergency orders that expired
or that the legislature rejected.
CHAIR REINBOLD said she supports the Administrative Regulation
Review Committee reviewing all regulations and the governor
should not be suspending regulations.
2:30:27 PM
SENATOR SHOWER said that while SB 56 is not before the
committee, it is important to have discussions relevant to
judicial review. He asked if due process or the 14th Amendment
is being violated with the closure of small businesses.
MR. DEW agreed. He said the PLF is litigating and challenging
many emergency order so it has seen small businesses being
treated differently than large businesses. The PLF suggests that
the courts should use strict scrutiny to the emergency orders,
but unfortunately, the courts have initially stayed on the
sideline, he said.
2:34:21 PM
CHAIR REINBOLD asked if he would be a resource for the
committee.
MR. DEW agreed his contact information could be distributed.
2:34:32 PM
SENATOR SHOWER stated that officials threatened businesses in
his district by suggesting compliance or the bar might lose its
liquor license.
2:35:37 PM
SENATOR KIEHL asked if he would look at the definition of
disaster in AS 26.23.900 to see if the language is tight enough
and respond in writing. He further asked if the governor did not
use his power to call the legislature in but issued serial
declarations, how the legislature could prevent that from
happening again.
MR. DEW responded that the approach the PLC suggests is to allow
the governor to issue an emergency order for 7 days unless
he/she calls the legislature into session, but once the
legislature is called into session, the emergency order would
extend to 30 days. This would provide the governor an incentive
to call the legislature into session.
CHAIR REINBOLD asked the record to reflect her intent to
introduce a committee bill to address emergency orders.
^CONFIRMATION HEARINGS
CONFIRMATION HEARINGS
State Commission for Human Rights
Alaska Judicial Council
2:39:10 PM
CHAIR REINBOLD announced the final order of business would be
confirmation hearings for the State Commission on Human Rights
and the Alaska Judicial Council.
2:40:18 PM
CYNTHIA ERICKSON, Appointee, State Commission for Human Rights,
Tanana, Alaska, stated that she grew up in Ruby but has lived in
Tanana for 35 years. Her family owns the general store. She said
she is an Athabascan Indian and Yupik Eskimo. She said she
currently serves on the Suicide Prevention Council. She also has
her own nonprofit business and works with youth throughout
Alaska to help prevent the epidemic of suicide. She has been
serving on the State Commission for Human Rights for several
years. She has enjoyed learning and hopes the legislature will
reappoint her to serve.
2:41:36 PM
SENATOR KIEHL thanked her for her work with youth and suicide
prevention. He said he will ask all appointees serving on the
commission the same question. This summer, the US Supreme Court
(SCOTUS) ruled in Bostock v. Clayton County that discrimination
on the basis of sexual orientation or gender identity is
discrimination on the basis of sex. He asked if she had any
trouble understanding Alaska law in the way SCOTUS interpreted
it.
MS. ERICKSON answered no. She said the commission considers its
matters based on current law but not on members' personal views.
2:42:56 PM
SENATOR SHOWER pointed out that the commission has had
considerable controversy in the past few years. He asked if any
issues or personality conflicts might make it tough to do the
job.
MS. ERICKSON answered that it is hard living in a village. She
commended the current members, stating the members use their
common sense and work well together. She acknowledged that it
has been rocky but she enjoys the current commission membership
even though the work is time consuming. She said she does not
foresee any issues.
SENATOR SHOWER asked if she is aware of any undisclosed issues
that could damage the perceptions of the appointees, such as
"skeletons in the closet."
MS. ERICKSON answered no, absolutely not. She commended the
member's character traits and said she was not aware of any
issues with the commission members. She said she is proud of the
decisions the commission has made.
2:47:09 PM
CHAIR REINBOLD recalled a recent case in her district related to
free speech. She mentioned that several Alaska Supreme Court
cases have addressed parental rights and gender issues and it is
important to consider all of the cases and laws. She expressed
concern about how difficult it is during COVID-19 for people to
get counseling. She thanked her for her work with youth on
suicide prevention. She asked if she had seen an increase [in
suicide] or if it has been about the same.
MS. ERICKSON answered that the problems have escalated. She said
the lockdowns are hard on families in rural Alaska. She stated
that her parents just flew out of Ruby. She reported that the
small village of 100 has over 25 cases. Many kids are suffering
from domestic violence and increased stress. She contacts kids
via social media to talk them through suicidal thoughts and
issues at home. She acknowledged it has been difficult.
2:51:03 PM
CHAIR REINBOLD turned to the next confirmation hearing, for
Kristie Babcock, appointee to the Alaska Judicial Council.
2:51:44 PM
KRISTIE BABCOCK, Appointee, Alaska Judicial Council, Soldotna,
Alaska, said she was appointed to the AJC beginning on March 1,
2021. She provided a brief biographical background. She was born
in Zambia, Africa. She has lived in Alaska since she was a baby.
She said she graduated from East High and Willamette University.
After graduating from college, she served as a legislative aide
in 1990. She worked as director of Boards and Commissions for
Governors Hickel and Murkowski. She has lived in several Alaska
communities on the road system and has worked for State Farm
Insurance for 25 years. She said she has lived in Soldotna since
1999. She has served on the Boys and Girls Club board. She said
she is proud of her reputation as a businesswoman.
She expressed her interest in serving on the Alaska Judicial
Council because it is important to have a fair and orderly
society. Judges must interpret and apply the law and ensure
equal protection and equal justice under the law. These judges
must be impartial and ensure that trials are conducted fairly.
She has studied the transcripts of the Alaska Constitutional
Convention. The founders intended for public members to serve on
the council and assist in bringing forward qualified names. She
said she believes she has the temperament, knowledge and
communication skills to work on the council. The council also
makes recommendations on retaining judges and improving this
system. She can evaluate information, make determinations
fairly, and work with others, which she regularly does. She said
she is committed to serve on the council in a way that honors
the constitutional role of the council and she recognizes the
important consequences of the recommendations.
2:56:17 PM
CHAIR REINBOLD remarked that she attended East High in Anchorage
at the same time as Ms. Babcock.
2:56:42 PM
SENATOR KIEHL asked what opportunities the council has to
improve judicial screening of applicants it recommends to the
governor.
MS. BABCOCK answered that her position would start on March 1,
2021, but she will go in with an open mind. She said she would
not evaluate the screening process until she began serving on
the council.
2:57:39 PM
SENATOR KIEHL raised a constitutional issue. He said it is not
allowable to forward another appointee from the Third Judicial
District to serve on the AJC. He said the Alaska Constitution
requires that appointments be made with due consideration to
area representation. He expressed concern that the past
appointments will leave vast swatches of Alaska without any
representation on the Alaska Judicial Council. He characterized
it as a serious constitutional issue. However, it does not have
anything to do with Ms. Babcock.
2:58:35 PM
CHAIR REINBOLD remarked that Eagle River might not be
represented either. She agreed that regional representation is
important.
2:59:04 PM
SENATOR SHOWER asked if she knew of any undisclosed issues that
could damage the perceptions of her, such as misdemeanors or
other "skeletons in the closet."
MS. BABCOCK answered no.
3:00:14 PM
At ease
3:01:01 PM
CHAIR REINBOLD reconvened the meeting. She turned to the next
confirmation hearing, for Elizabeth Engle, appointee to the
State Commission on Human Rights.
3:01:40 PM
ELIZABETH ENGLE, Appointee, State Commission on Human Rights,
Fairbanks, Alaska, said she was born in the Philippines and
holds two engineering degrees. She moved to the US in 1967. In
1969, she moved to Fairbanks. She retired from the Department of
Transportation and Public Facilities (DOTPF) in 1999. She also
worked for Alyeska Pipeline Company. She listed numerous awards
she has received, including being recognized as a Women of
Distinction in 2017. Since she has had background checks, she
does not have any "skeletons in her closet."
She has served on the State Commission for Human Rights since
March 2019. She said she brings management skills and common
sense to the commission. She finds her service as a means to
give back to her community.
3:06:52 PM
SENATOR KIEHL said the US Supreme Court (SCOTUS) ruled in
Bostock v. Clayton County that discrimination based on sexual
orientation or gender identity is discrimination based on sex.
He asked if she had any trouble understanding Alaska law in how
SCOTUS interpreted it.
MS. ENGLE said no, she does not. She said that the current
commission is a great group and the commission has just selected
a competent executive director. She expressed one goal is to
improve the staff working environment. She expressed concern
about the acoustics and other issues in the current office space
in Anchorage that the commission shares with the Department of
Corrections (DOC) office, Division of Parole. She expressed
concern that conversations the commission holds might be
overhead. She worked with the executive director to report the
deficiencies to the Governor's office.
3:09:27 PM
CHAIR REINBOLD opened public testimony and after first
determining no one wished to testify, closed public testimony on
the confirmation hearings for the three appointees.
CHAIR REINBOLD held over the confirmation hearings to address a
technical issue that Senator Hughes raised.
^DISASTER DECLARATION EXTENSIONS RELATING TO COVID
DISASTER DECLARATION EXTENSIONS RELATING TO COVID
3:10:24 PM
CHAIR REINBOLD reverted back to consideration of DISASTER
DECLARATION EXTENSIONS RELATING TO COVID. She indicated that she
had several testifiers online to speak to the disaster
declaration.
3:11:06 PM
STEWART THOMPSON, representing himself, Wasilla, Alaska, said he
recommends extending the disaster declaration for another 30
days provided that the governor takes actions to prevent federal
government overreach, provide recommendations for the prevention
of harmful consequences for COVID-19 and call the legislature
into session to pass legislation to effectively handle COVID-19.
He expressed concern about how the pandemic has been handled,
including officials requiring lockdowns without a scientific
basis.
3:14:19 PM
THOMAS HENNESSY, Doctor; Infectious Disease Epidemiologist,
University of Anchorage, Anchorage, Alaska, expressed support
for extending the emergency disaster declaration to allow the
flexibility needed to contain this pandemic. The state needs to
administer testing and vaccination clinics in non-traditional
locations, quickly recruit health professionals from other
states, and rapidly develop contracts and procedures required to
meet medical supply needs and allocate scarce resources such as
vaccines and therapeutics. He commended the Department of Health
and Social Services (DHSS), which has done an outstanding job
responding to the pandemic. Alaska has benefitted from it with
the lowest death rates in the US, and high degrees of testing
and low hospitalization. Commissioner Crum provided information
to Alaskans about the rationale behind the department's
position. He suggested the legislature should give the governor
the necessary tools to protect Alaskans until everyone can get
vaccinated.
CHAIR REINBOLD asked if he developed models for the governor.
DR. HENNESSY answered that he coauthored a paper last March 25,
2020. He presented it to the Anchorage Assembly and Municipality
of Anchorage. It evaluated two mathematical models and their
relevance for Alaska.
3:17:02 PM
[LINDA SMITH], representing herself, Sitka, Alaska, (did not
identify herself for the record). The person speaking expressed
concern about the impacts of COVID-19. She stated her concern
that doctors may have altered the virus with a protein, so it is
more potent. She suggested that Dr. Lee Merritt said some drugs
effectively defuse it, such as hydroxychloroquine, which should
be made available.
3:23:09 PM
There being no further business to come before the committee,
Chair Reinbold adjourned the Senate Judiciary Standing Committee
meeting at 3:23 p.m.
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